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Buyer wants refund

If i refund a buyer the full amount before they send an item back, then they refuse to send it back can I then issue a Small Court Claim against them.
Debt Free Wannabee - Updated 13/08/2007
Barclaycard - [strike]£3002[/strike] now £1712 Mortgage - £84,393 - Paid in 340 months time.
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Comments

  • mrbadexample
    mrbadexample Posts: 10,805 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Photogenic
    Not sure, but why would you refund before return of goods? :confused:
    If you lend someone a tenner and never see them again, it was probably worth it.
  • If there is nothing wrong with the item have them send it back to you at their own cost. On receipt of the item refund only the cost of the actual item that they paid to you (ie don't include the P&P price). I have only had to refund once and that was due to a fault in the item that I haven't noticed and due to it being my fault I refunded their purchase price, P&P and also the cost of them sending it back to me. I fully admitted fault and as a result had to take the loss on the chin but I still got a pos feedback for it!
    "Life may not always be the party you wish for, but whilst here you may aswell dance"!!!
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  • same thing as mrbadexample said ^^^

    and to issue the Small Court Claim papers cost u Under £300 your fee will be £30
  • the buyer says it arrived damaged, but wont provide pics of it or return it.

    Says will let it go, but then states has a legal department at work which he will use
    Debt Free Wannabee - Updated 13/08/2007
    Barclaycard - [strike]£3002[/strike] now £1712 Mortgage - £84,393 - Paid in 340 months time.
  • He's having a laugh.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • suggest you will refund but only if he opens a dispute through ebay they will insist on him sending it back if he refuses or doesnt respond they will file in your favor, if he leaves you a neg, neg him back and ask for mutual withdrawl, only thing i can think of really
  • hjb123
    hjb123 Posts: 32,002 Forumite
    I certainly wouldnt refund before the buyer sent the item back.

    I guess other factors are influential - like how much the item cost in the first place.

    If he did a dispute through paypal (realise that he is doing ebay one - but doesnt that cost £15?) and if he won said paypal dispute then he would still have to return the item at his expense for a refund. I dont see why he is refusing to send pictures or return it.
    Weight Loss - 102lb
  • "Says will let it go, but then states has a legal department at work which he will use"

    If his legal department are dim enough to tell him not to return the item to you and still expect a refund ...I wouldn't worry about it...either they no nothing about the law...or he's full of BS...my money is on the BS!!

    Very much doubt you have anything to worry about....

    Mike
    if i had known then what i know now
  • angelcake
    angelcake Posts: 4,496 Forumite
    I agree with mike! what a plonker!! - probably doesn't even have a job
    :p:p Angel :p:p
  • Legal department is probably anyone who will listen to him down the pub.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
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